Paper manufacturer receives $400,000 fine over forklift driver death

One of
Australia’s largest packaging and resource recovery companies, Visy Paper Pty
Ltd has been fined more than $400,000 following the death of a worker in 2012.

A 63
year old forklift operator suffered fatal injuries at the Visy waste recycling
facility at Smithfield on 12 December 2012 when a front end loader reversed
into him.

At the
time of the incident, the forklift operator was working in the recycling
facility’s covered paper yard where loose recyclable paper materials were
delivered by truck for unloading and movement by forklift and front end loader.

On 4
September 2015, the District Court found Visy guilty
of a breach of section 19(1)/32 of the Work Health and Safety Act 2011 and
fined them $412,500 plus ordered them to pay SafeWork NSW’s costs.

Executive Director of SafeWork NSW (formerly WorkCover
NSW), Peter Dunphy said despite being aware of the risks, Visy failed to ensure
the safety of workers in the yard.

“The risk of pedestrians being struck was known to Visy
following an incident seven months earlier where a truck driver’s foot was run
over by a reversing front end loader and a risk assessment completed,” Mr
Dunphy said.

“Despite
implementing a number of policies following the risk assessment, Visy failed to
follow them.

“During the hearing,
Visy could offer no explanation for this failure.”

Mr
Dunphy said there were a number of actions Visy should have taken to prevent
the incident.

“Barriers
should have been installed to protect workers in the yard from being struck by
vehicles,” he said.

“They
should also have set up an exclusion zone in the yard where workers were not
permitted to enter, unless authorised.

“Other
steps include placing a traffic controller in the yard to ensure safe distances
between trucks, forklifts and workers, and providing workers with two-way
radios.

“A
louder reversing alarm should also have been fitted to the front end loader so
that pedestrians were alerted that it was in use.”

Following
the incident, Visy implemented a number of safety measures, including
installing concrete barriers and fencing to create a designated area for mobile
plant in the yard, engaging a full-time traffic controller to manage traffic,
creating an authorised access area for the operation of mobile plant, and
creating a drop-off zone marked with red painted lines to identify areas where
trucks could unload.

“While
Visy made safety improvements following the incident, it’s clear that the risks
that led to this tragedy were foreseeable and preventable,” Mr Dunphy said.“This decision sends a strong message to the NSW waste
recycling
industry about the need to have
effective safe work systems in place to control work health and safety risks.”